Strictly speaking, ballistics is the science that deals with the motion of projectiles and the conditions that affect that motion, but in criminal investigation it has come to mean specifically the study of firearms and bullets. Firearms have been with us for several centuries—the first handguns were used by Arabs around A.D. 1200—and as early as the sixteenth century, engineers realized that etching a spiral groove into the gun barrel imparts spin to the projectile, giving it much greater accuracy. This groove, or rifling, leaves the distinctive marks known as striations on the bullet itself and forms the bedrock of modern ballistics study.

To the expert, variations in bullets fired from different guns are immediately apparent. It is possible to determine that a bullet has been fired from a particular weapon primarily because of how the barrel is manufactured. First, it is smooth-bored, then reamed to specification diameter before being rifled. Because the tools used to make a barrel wear down minutely with each succeeding gun, it is impossible to produce two identically rifled barrels. Bullets fired from different guns always have different striations. By the same token, each barrel retains its own unique characteristics, which it imparts to every bullet it fires.

The barrel is not alone in leaving identifiable traces on a cartridge; other gun components may also leave marks. When fired, the bullet is driven forward through the barrel; simultaneously, its shell casing hurtles back against the breech face. Any imperfection on that breech face impresses itself on the case head. The firing pin, the extractor, and the ejector post may each etch marks on the head or shell casing.

Another factor to be considered is impact. A bullet that strikes human bone or any hard object can have its shape radically altered. For this reason,it is often more reliable to compare test firings with casings taken from a crime scene, if available, rather than the bullet itself.

The modern cartridge was invented in France in 1835 and consists of a casing with a soft metal cap holding the primer charge. When struck by the gun's firing pin, the primer ignites the main propellant charge, expelling the bullet from the gun and leaving the case behind. With the invention of smokeless powder at the beginning of the twentieth century came the need for a stronger bullet. The new powder's greater propellant velocity meant that earlier lead bullets were too soft to be gripped by the rifling in the barrel and tended to get stripped, fouling the barrel. This led to the introduction of the metal-jacketed bullet, usually made of cupronickel.

Whereas the old black powder left distinctive marks on the hands of the firer and around the wound (if fired within a close enough range), modern smokeless powder leaves traces that can be detected only through chemical testing. At one time suspects' hands were examined to see if they had fired a weapon recently. The test was designed to detect the presence of nitrates, but because nitrates are prevalent in so many innocuous household products, this practice has largely been abandoned.

Identifying the guns that bullets are fired from used to be a laborious business. Computers have changed all that. DRUGFIRE, run by the Federal Bureau of Investigation (FBI), is an automated computer program that links firearms evidence from different serial shooting investigations. Digital images of bullets from crimes fed into computers can be accessed instantly by any law enforcement agency that is hooked up to the system. DRUGFIRE is installed in more than one hundred crime labs worldwide, where it has processed more than 65,000 cases. Other computer programs work along similar lines. If a possible match is found during the screening process, it is still only a guideline; the final determination is made on a comparison microscope (see the Charles Stielow case on page 5).

1. Charles Stielow

DATE: 1915

LOCATION: West Shelby, New York

SIGNIFICANCE: The role of expert witnesses has often been shrouded in controversy. For the most part their evidence is given impartially, but, as demonstrated here, arrogance and greed often cloud purportedly objective testimony.

At around 6 A.M. on March 22, 1915, Charles Stielow, a German immigrant of enormous strength and feeble intellect, awoke at the farm where he worked in West Shelby, New York. Walking to the barn to begin his day's work, he discovered the body of Margaret Wolcott, the farm housekeeper. She had been shot to death. A trail of blood led Stielow to the farmhouse, where he found his employer, Charles Phelps, unconscious on the floor. Although still alive, Phelps would not survive the morning. Autopsies revealed that both victims had died from .22 caliber gunshot wounds. Because the farmhouse had been ransacked and money had been stolen, police ascribed the murders to a bungled robbery.

At an inquest on March 26, Stielow, whose grasp on events was childlike at best, denied owning any .22 caliber weapons. But his brother-in-law, Nelson Green, who was if anything even more retarded than Stielow, admitted to police that he had hidden no fewer than three weapons—all .22 caliber and all belonging to Stielow. He claimed to have acted on his brother-in-law's instructions. After a brutal interrogation, Green confessed that he and Stielow had committed the murders.

Stielow was arrested and held at the local jail for two days without either food or sleep. After being questioned around the clock, he admitted to owning the three weapons but said he had told Green to hide them only because he knew that a search was on for all .22 caliber firearms. Promised that if he confessed to the murders he would be allowed to go home to his wife, Stielow did so. However, despite making the confession, Stielow resolutely refused to sign any statement to this effect.

"Expert" Witness

At this point, one of the shadiest characters in the history of American jurisprudence entered the proceedings. Using the title of doctor—a qualification that existed only in his own fertile imagination—Albert Hamilton had been hoodwinking juries for years, most often on behalf of unscrupulous prosecutors and always at considerable profit to himself. A shameless self-promoter, Hamilton exuded an air of immense authority on a wide variety of subjects. Unfortunately for Stielow and Green, one of those pseudospecialties was firearms. Hamilton had skimmed a few European tracts on early attempts at bullet identification and had equipped himself with a microscope and camera—sufficient, he reasoned, to add the appellation "ballistics expert" to his résumé.

If Hamilton was an expert in anything at all, it was amateur psychology; he knew just how impressionable juries of that era could be when bombarded with overblown jargon and intimidating photographic enlargements. After inspecting Stielow's revolver, he claimed to see an "abnormal scratch" in the barrel—the same scratch, he asserted, that could be found on the bullets removed from Phelps's body. To bolster this claim, Hamilton shot several photographs of the scratch.

As a result, Stielow stood trial for his life. During the trial, the judge was plainly troubled by the circumstances of the confession and made his skepticism known to the jury. He was also concerned about the apparent lack of motive; no trace of the missing money had been found in Stielow's possession. To counter, of course, the prosecution had the testimony of "Dr." Hamilton. He did not disappoint. Brandishing his photographs, Hamilton loftily declared that the murder bullets had come from Stielow's gun and no other.

All of this puzzled Stielow's counsel, David A. White. He examined the photographs carefully and professed himself unable to spot the telltale scratches on the bullets. Hamilton, with breathtaking temerity, glibly explained that by mistake, the photographs showed the side of the bullets opposite the scratches. So authoritative was Hamilton's reply that this astounding response passed without challenge.

And there was worse to come. When White asked Hamilton to point out the alleged scratch in the revolver's barrel, Hamilton replied that this was not possible. Because the cartridge fitted the barrel so tightly, he said, the explosive gases had nowhere to go but forward. Consequently the bullet had acquired so much momentum that its lead content had expanded at the muzzle and filled in the scratch, thus rendering it invisible!

Today it is easy to dismiss such nonsense, but in 1915, with firearms and ballistic identification still very much in its infancy, Hamilton's testimonywas powerfully compelling. The jury certainly thought so, and Stielow was condemned to death. (Earlier, Nelson Green had pleaded guilty and received life imprisonment.)

On death row, Stielow came to the attention of Spencer Miller, Sing Sing Prison's deputy warden. In conversations with the simple-minded laborer, he became convinced of Stielow's innocence and referred the case to a group of New York women, known as the Humanitarian Cult, who were dedicated to the abolition of capital punishment. Their efforts on Stielow's behalf were tireless and at times nerve-racking. Three appointments with the executioner were halted only at the final hour; the closest call was in 1916, when Stielow came within forty minutes of being strapped into the electric chair before a stay of execution was phoned through.

Other Suspects

Investigators hired by the Humanitarian Cult learned that two drifters named Erwin King and Clarence O'Connell, then serving sentences for robbery, were known to have been in West Shelby on the night of the murder and had been heard discussing the crime the next morning—before it was public knowledge. Urged by the women to clear his conscience, King finally confessed that he and O'Connell had committed the dual murder.

This revelation did not please the Stielow prosecution team, who whisked King from prison and grilled him for several days, after which he dutifully recanted his confession. But it was too late. News had already reached Governor Charles Whitman in Albany and a commission was appointed to investigate the circumstances of Stielow's conviction.

The commission was headed by George Bond, a Syracuse lawyer who chose as his assistant Deputy Attorney General Charles E. Waite. After questioning the principals, both men were convinced that King and O'Connell were guilty.

However, there was still Hamilton's evidence to overcome. An officer examined Stielow's revolver and immediately formed the opinion from the rust and grime buildup in the barrel that the gun had not been fired for several years, certainly not since well before the night of the murder. Also, Hamilton's pronouncement that the barrel's tightness did not permit the backward expulsion of gases was shown to be nonsense when the officer held a piece of paper behind the gun and pulled the trigger. A sheet of flame flew back, igniting the paper instantly.

Two sets of bullets were sent to the Bausch and Lomb Company in Rochester for microscopic analysis by Max Poser, a specialist in optics. Even under the highest magnification, Poser was unable to locate the alleged scratches described by Hamilton on either the test bullets or the murder bullets. 

Scientist using a comparison microscope. (FBI) All of this, of course, could be taken as merely one scientist's opinion against another's, but then Poser examined Stielow's revolver and made a discovery that exposed the worthlessness of Hamilton's testimony. It had to do with the spiral grooving, or rifling, inside a gun barrel. The raised parts between the grooves, known as lands, are what leave the distinctive and individual markings on bullets. Poser saw that Stielow's revolver displayed a conventional rifling pattern of grooves and lands, whereas the murder bullets had been fired from a gun that had an abnormal rifling pattern. Put in simple terms, the murder weapon had a manufacturer's flaw, and

Stielow's did not. Presented with this incontrovertible evidence, Bond and Waite unhesitatingly recommended a pardon, and on May 9, 1918, Charles Stielow and Nelson Green walked out of Sing Sing as free men.

King and O'Connell were never tried for the West Shelby murders. After King had once again retracted his confession, the Orleans County grand jury, mindful of limited local enthusiasm and funds for another lengthy trial, declined to return indictments, and the matter was quietly forgotten.

Conclusion

What happened to Stielow and Green was grotesque but not entirely in vain. Their ordeal, and in particular the shoddy testimony that had occasioned it, so outraged Charles Waite that he devoted the rest of his life to improving the science of firearms identification. He founded the Bureau of Forensic Ballistics in New York, and saw his partner, Phillip O. Gravelle, design perhaps the single greatest advance in the field of bullet analysis— the comparison microscope, in which two halves of separate bullet images can be joined under the same lens, enabling the observer to closely compare the marks on each. Waite's dream of cataloging every gun in existence proved beyond him, but by the time of his death in 1926, his place in forensic history was assured.

2. Nicola Sacco and Bartolomeo Vanzetti

DATE: 1920

LOCATION: South Braintree, Massachusetts

SIGNIFICANCE: In their rush to bestow martyrdom on Sacco and Vanzetti, those who sought political capital from this tragedy conveniently ignored the overwhelming ballistics evidence.

On the afternoon of April 15, 1920, outside a shoe factory in South Braintree, Massachusetts, security guards Frederick Parmenter and Alessandro Berardelli were transferring the company's $15,777 payroll when two men approached. Without warning, one of the strangers opened fire, mortally wounding both guards. His partner, who wore a dark handlebar mustache, pumped yet more rounds into the helpless victims. Heaving the payroll boxes into a waiting car that contained three other men, the killers made their escape. Eyewitnesses described the gang as "Italian looking," but of more use to investigators were the empty shells recovered from the sidewalk. All were manufactured by three firms: Peters, Winchester, and Remington.

Two days later, a stolen Buick thought to be the getaway vehicle was found abandoned in some woods. Evidence linked it to an aborted payroll robbery at another shoe factory in nearby Bridgewater the previous Christmas Eve. It was believed to have been masterminded by an Italian named Mike Boda, but when police raided Boda's suspected hideout, he had already fled.

However, two other men were arrested: Nicola Sacco, twenty-nine, and his mustachioed companion, Bartolomeo Vanzetti, thirty-two. Both denied owning any guns, yet each possessed a loaded pistol, and Sacco's was a .32, the same caliber as the murder weapon. Also, Sacco was carrying twentythree bullets, all made by Peters, Winchester, and Remington.

Vanzetti was a fish peddler; Sacco—significantly—worked in a shoe factory. Both were members of anarchist cells that openly espoused violence, a fact that inflamed public opinion against them. Identified as a participant in the bungled Bridgewater robbery, Vanzetti was jailed for ten to fifteen years.

Sacco was not tried for the robbery, but he later joined his partner in facing charges of double murder.

Witch Hunt?

Eleven months later, on May 31, 1921, their trial opened in Dedham, Massachusetts, amid the hysteria of America's first "Red Scare," a time when anyone whose politics even hinted of radicalism was considered dangerously subversive. Judge Webster Thayer, who had presided over Vanzetti's earlier trial, again sat on the bench. Although much has been written about Thayer's alleged prejudice toward the accused, as the court records show, regardless of what he may have said or thought in private, his judicial conduct was never less than fair. In contrast, the defense team cast scruples to the wind. They had used the interim well, forging a coalition of anarchists, communists, and various labor unions, all under the umbrella of the Sacco-Vanzetti Defense Committee and all prepared to ruthlessly exploit the defendants for their own selfish ends. The trial was, they jeered, a witch hunt. This was palpably untrue, but the notion festered—particularly abroad— that Sacco and Vanzetti were being tried more for their politics than for any crime.

The court heard dozens of identification witnesses, fifty-nine for the prosecution and ninety-nine for the defense, a welter of testimony that produced only confusion. Similar ambiguity surrounded the question of whether Sacco's .32 had actually fired the bullet that killed Berardelli. Whereas one prosecution expert declared that it was indeed the murder weapon, another would only concede the possibility. Two defense experts, James Burns and Augustus Gill, harbored no such doubts, being adamant that Sacco's gun could not have fired the fatal bullet.

Any ambiguity raised by the gun paled in the face of one incontrovertible and damning fact: the bullet that killed Berardelli was so outdated that the prosecution's expert witnesses could locate none like it to test Sacco's gun— except the equally obsolete bullets from Sacco's pockets. On July 14, 1921, the jury returned a guilty verdict, and Judge Thayer sentenced the defendants to death.

The outcome touched off a firestorm of protest. Around the globe, leftwing parties lionized Sacco and Vanzetti, portraying them as innocent victims of capitalist justice. With the rhetoric on high boil, out of the shadows stepped Albert Hamilton, still smarting from the Stielow fiasco and desperate to restore his flagging reputation. Commissioned by defense lawyers to examine the disputed bullet, Hamilton announced with his usual pomposity that beyond any doubt it had not come from Sacco's gun.

With the clamor mounting, prosecution firearms expert Charles

Sacco and Vanzetti—canonized by the faithful, damned by the ballistics evidence. (National Archives)

Van Amburgh reexamined the bullets. By this time, in the fall of 1923, recent technological advances allowed Van Amburgh to enlarge photographs of the fatal bullet and bullets fired from Sacco's revolver. Again he concluded that they were identical.

During the motion for a retrial, events took a sensational turn when Hamilton brought two new Colts into court and disassembled them—along with Sacco's revolver—ostensibly to demonstrate some point. When the court's attention was diverted, he slipped one of the new barrels onto Sacco's revolver and tried to leave with the two Colts. Had it not been for Judge Thayer, who had followed the demonstration with lynx-eyed intensity, a grave miscarriage of justice would have occurred. Thayer caught Hamilton red-handed and ordered him to hand over the genuine barrel. Given such chicanery, it was hardly surprising that Thayer denied the motion for a new trial.

Persistent Critics

Still the outcry continued. In June 1927, a committee appointed to review the case contacted the man who would become America's leading firearms expert, Calvin Goddard, at the Bureau of Forensic Ballistics in New York. Armed with two recent inventions, the comparison microscope and the helixometer, Goddard traveled to Dedham. The helixometer, invented by physicist John H. Fisher, was a hollow probe fitted with a light and a magnifying glass for examining the insides of gun barrels. With defense expert Augustus Gill acting as witness, Goddard fired a bullet from Sacco's revolver into cotton wool, then placed it beside the murder bullet on the comparison microscope. The outcome was unequivocal—the murder bullet had been fired from Sacco's revolver. Gill, peering through the microscope, had to agree. He exclaimed, "Well, what do you know about that!" When his fellow defense expert, James Burns, also changed his opinion, Sacco and Vanzetti's last hopes were dashed. On August 23, 1927, over worldwide protest, they died in the electric chair.

Conclusion

Nevertheless, the controversy lived on. In October 1961, a forensics team led by Colonel Frank Jury, former head of the New Jersey Firearms Laboratory, reexamined Sacco's revolver and concluded beyond any doubt that it was the murder weapon. Yet another investigation, this one conducted in March 1983 and underwritten by a Boston TV station, again confirmed Goddard's findings, leading Marshall Robinson of the Connecticut State Police Ballistics Department to remark wearily, "Why do they keep running these tests over and over? They always come out the same." It was a question people had been asking for decades.

3. Frederick Browne and William Kennedy

DATE: 1927

LOCATION: Stapleford Abbots, England

SIGNIFICANCE: This case made all of Europe aware of ballistics evidence and established the reputation of Britain's trailblazing firearms expert, Robert Churchill.

In the years following World War I, America took a decisive lead in the fledgling science of firearms analysis. Europe's desultory progress was explained in large measure by the relative scarcity of guns on the street, but it was also due in part to a belief that armed gunmen were exclusively an American phenomenon, one most unlikely to cross the Atlantic. Such smug complacency was shattered by the events of September 26, 1927.

On that night, two petty crooks, Frederick Browne, forty-six, and William Kennedy, thirty-six, set out from London by train to Billericay in Essex. Their intention was to steal a particular car that Browne had earmarked earlier. Thwarted in that desire—a barking dog scared them off —they broke into a garage belonging to a Dr. Edward Lovell, stole his blue Morris Cowley, and sped erratically back to London.

Some miles along a remote country lane, their haphazard progress drew the attention of Police Constable George Gutteridge, who flagged the Morris to a halt. He approached the car, shone his lamp on both men, and asked where they were going. Nettled by Browne's superciliousness, Gutteridge reached for his notebook. As he did so, Browne drew a gun and fired twice. Gutteridge fell to the ground. Browne sprang from the car and stood over him. Perhaps mindful of the superstition that a murder victim's eyes record the last image they see, he leaned over the prostrate officer and shot out his eyes. Later that night, the two killers ditched the car in south

London before catching a tram to Browne's Golden Globe Garage in Battersea.

First light saw a fast-moving chain of events: A motorist found Constable

Gutteridge's bullet-riddled body lying beside the road, Dr. Lovell contacted the police to report the theft of his car, and the Morris was discovered in London. Investigators soon linked the three incidents.

The stolen car provided several promising clues. There were splashes of blood on the floor and running board, and under the passenger seat lay an empty cartridge case. This was handed to Robert Churchill for analysis. Churchill came from a family of London gunsmiths that made and sold sporting guns and rifles, but his real interest lay in the study of weapons and their projectiles. On those rare occasions when Scotland Yard needed to consult a firearms expert, his was the opinion in demand. He identified the cartridge as a Mark IV, an obsolete bullet filled with black powder and manufactured at the Woolwich Arsenal in 1914. On its base he noted a tiny raised imperfection, the result of a faulty breechblock on the gun that had fired it. Churchill said that the murder weapon was almost certainly a .455 Webley revolver.

Finding that revolver, though, proved tortuous. As one lead after another dried up, the investigation ground to a standstill. For three months, the deadlock continued; then came a vital clue. An ex-convict who was being questioned in connection with a string of car thefts angrily protested his innocence, claiming that the real culprits were actually two other crooks named Browne and Kennedy. Furthermore, he'd heard them brag about killing Constable Gutteridge.

Dual Arrests

There was plenty in Browne's record to suggest that he was capable of murder; he had a long history of violence and once, while imprisoned, had brutally attacked a guard. Detectives were understandably cautious as they staked out his garage. Their patience was rewarded on January 20, 1928, when their target drove up under cover of darkness. As Browne alighted from his car, they swooped in upon him. Inside the car's glove compartment was a revolver. More guns were found indoors, together with two thousand pounds (about eight thousand dollars) hidden in the lavatory cistern and medical instruments similar to those taken from the Morris Cowley.

Five days later in Liverpool, Kennedy was detained after a struggle in which he attempted to shoot the arresting officer (only the jamming of the gun saved the policeman's life). It was a strange reaction for someone who subsequently claimed that his role in the murder had been that of passive bystander. Browne, he said, had shot Gutteridge without any provocation. Bitterly contemptuous of his erstwhile partner's attempt to save his own neck, Browne dismissed the statement as a "concoction."

Within the arsenal found at Browne's garage was a .455 Webley revolver loaded with the same ancient ammunition that had killed Constable Gutteridge. When test-fired by Churchill, each cartridge revealed an identical breechblock imperfection. No fewer than thirteen hundred Webley revolvers were tested in efforts to replicate the flaw, but none ever did. Churchill also noted that the black powder loaded into the Mark IV ammunition was identical to powder traces tattooed into the skin around Gutteridge's wounds.

At their trial, Browne and Kennedy were apportioned equal guilt. On May 31, 1928, Browne was hanged at Pentonville Prison, while a few miles across London, Kennedy was similarly dealt with at Wandsworth.

Conclusion

For most, this case provided an unwelcome foretaste of an increasingly violent future, but mixed with it was an undeniable awe regarding Churchill's confidently delivered testimony. This trial made him a household name, a position he was to relish for the next two decades.

4. John Branion

DATE: 1967

LOCATION: Chicago, Illinois

SIGNIFICANCE: In this case, outstanding firearms analysis and meticulous detective work combined to crack a "perfect" alibi.

Just before lunch on December 22, 1967, Dr. John Branion, forty-one, set off in his car from the Ida Mae Scott Hospital on Chicago's south side. Several minutes later—after passing his home—he picked up his young son from nursery school, then called on Maxine Brown, who was scheduled to lunch with the Branions that day. When Mrs. Brown explained that she was unable to keep the engagement, Branion drove to his apartment at 5054 South Woodlawn Avenue. He arrived at 11:57 A.M. to find his wife, Donna, lying on the utility room floor. She had been shot repeatedly. He immediately summoned help. A neighbor, Dr. Helen Payne, examined the stricken woman and confirmed the obvious—Donna Branion was dead.

Police recovered three expended bullets and four cartridge casings. Two of the slugs were under the body and one near it. A fourth, still in the body, was found during the autopsy. Red dots on the shell casing primers were typical of German-made Geco ammunition.

A neighbor, Theresa Kentra, reported hearing muffled thuds at approximately 11:30 A.M. Another neighbor was even more precise. By chance, he had been making a long-distance telephone call and, mindful of the charges, had kept one eye on the clock. He, too, had heard what sounded like gunshots and instinctively noted the time— 11:36 A.M.

Unusual Rifling

The bullets that killed Donna Branion were .38 caliber, quite common, but microscopic examination revealed distinctive rifling patterns— six lands and a right twist. The casings also had marks on the base, signifying that the weapon used to fire them had a loading indicator. Firearms expert Burt Nielsen knew of only one pistol that fulfilled all these criteria—a Walther PPK. When asked if he owned any weapons capable of firing .38 caliber ammunition, Branion, an avid gun collector, replied, "Just one," a Hi Standard. No mention was made of a Walther. Tests conducted on the Hi Standard eliminated it as the murder weapon.

John Branion—murdered his wife in a hail of bullets. (FBI)

Detectives were puzzled by the lack of apparent motive for the killing. There was no sign of a robbery, and Donna was not known to have any enemies. Except possibly her husband. Rumors that the Branion marriage had been less than idyllic were commonplace. In a move that seemed to confirm the rumors, just forty-eight hours after the tragedy, Branion flew to Colorado for a Christmas ski vacation. In his absence, detectives learned that Branion was a notorious womanizer whose affairs had provoked numerous violent arguments with Donna. Compounding their suspicion was his behavior at the murder scene, where he had not bothered to examine his wife's body. He claimed that this was because he could tell from the lividity (the tendency of blood to sink to the lowest extremities in a corpse) that she was already dead. And yet, according to Dr. Payne, when she saw the body at 12:20 P.M., lividity was not present. Upon his return from Colorado, Branion hastily explained that he had really meant cyanosis, a blue discoloration of the skin caused by deoxygenated blood.

On January 22, 1968, Detective Michael Boyle returned to Branion's apartment with a search warrant. In a cabinet that had been locked on the day of the murder, he found a brochure for a Walther PPK, an extra clip, and a manufacturer's target, all bearing the serial number 188274. He also found two boxes of Geco brand .38 caliber ammunition. One box was full; the other had four shells missing, the same number of shots that had killed Donna Branion.

The New York importers of the Walther revealed that model number 188274 was shipped to a Chicago store, where records showed that it had been purchased by James Hooks, a friend of Branion's. Hooks admitted giving the gun to Branion as a belated birthday gift almost a year before the killing.

Faced with this revelation, Branion abruptly changed tack. His original statement specifically mentioned that nothing had been stolen; now he blustered that the Walther must have been taken by the intruders who killed his wife. One change of heart too many led to Branion's indictment for murder.

Time Discrepancy

At his trial, prosecutors declared that the story Branion had told was correct in every respect save one—chronology. Yes, he had picked up his son and had then driven to Maxine Brown's. But first he had sneaked home and shot his wife. Joyce Kelly, a teacher at the nursery school, testified that Branion, normally so laid-back and casual, had rushed in, flustered and panting for breath, between 11:45 A.M. and 11:50 A.M., some ten minutes later than he had claimed.

But did Branion have sufficient time to commit the crime as hypothesized? Boyle described a series of tests that he and another officer had performed, driving the route allegedly taken by Branion. They had covered the 2.8-mile journey in a minimum of six minutes and a maximum of twelve—time enough, said the prosecution, for Branion to commit the murder, pick up his son, and establish an alibi. With that alibi in tatters, all the prosecution had to do was present the firearms evidence and Branion's fate was sealed. On May 28, 1968, Branion was convicted of murder and sentenced to a twenty- to thirty-year jail term.

Released on a cash bond of just five hundred dollars, Branion began an appeal process that lasted until 1971. With his legal options fast expiring and sensing that imprisonment was nigh, he fled the country. After an amazing jaunt across two continents, he found asylum in Uganda, occasionally acting as personal physician to Idi Amin, that country's dictator. Upon Amin's ouster, Branion was arrested and extradited to the United States in October 1983.

Conclusion

In August 1990, Branion was released from prison for health reasons. One month later, at sixty-four, he died of a brain tumor and heart ailment. To the end, he protested his innocence, but conspicuously absent from all his denials was any explanation for the firearms testimony. 

4. Joseph Christopher

DATE: 1980

LOCATION: Buffalo and New York, New York

SIGNIFICANCE: Serial killers are usually creatures of habit; they find a method of destruction that works and stick to it. However, this extraordinary murderer employed no fewer than four different types of weapons to achieve his deadly aims.

In the fall of 1980, two separate but equally brutal murder sprees rocked New York State. The first began on September 22, when Glenn Dunn, a fourteen-year-old African American, was shot and killed outside a Buffalo supermarket. The next day, two more black males were gunned down. On September 24, a fourth was shot to death in nearby Niagara Falls. All were killed at close range by an "unidentified white youth" who carried a firearm in a paper bag. The bag served two purposes: besides concealing the weapon, it also caught the expended shell casings, a precaution suggesting that these were no mere random acts of violence but carefully planned slayings. However, in the final shooting, the gunman blundered. Unfamiliar with the Niagara Falls area, and in his haste to escape a crowd of pursuers, he dropped a shell casing. Cognizant of this slip—which was heavily reported in the Buffalo media—the ".22 Caliber Killer" switched his means of attack.

Two weeks later, on successive nights, two black cabdrivers were murdered and dumped in an isolated wooded area. One was killed by a screwdriver rammed through the back of his skull, a feat requiring unusual strength; the other was battered to death with a square-headed hammer. Both were stabbed several times through the sternum, and in a grisly addendum, each had had his heart cut out.

It is no easy matter to excise a heart, and yet the procedures had been performed deftly and without undue mutilation. This, combined with the assailant's rare bravado—very few serial killers will risk hand-to-hand combat with their victims—led investigators to suspect that they were seeking someone with hunting experience.

Whoever it was, he appeared to have suddenly lost his appetite for killing. Several weeks passed without incident. And then came an astonishing onslaught.

Bloodbath

Four hundred miles away in midtown Manhattan on December 22, within the space of a few hours, five blacks and one Hispanic were stabbed by a man who just ran up and attacked them on the street. Four died; the others sustained serious injuries. After the outburst, the "Midtown Slasher" vanished. At first, no one connected this murder spree with the earlier mayhem. Not until New York medical examiner Dr. Michael Baden compared photos of the Manhattan casualties—all slim and mustached— with those in Buffalo were the victims' physical similarities noted. As if to reinforce this belief, the Slasher reemerged in Buffalo, where another wanton knife binge left two more black males dead and several others wounded.

But already clues were surfacing. The paper bag had proved inadequate as a receptacle for the shell casings. Five were recovered from the first wave of killings, and these, together with the fatal bullets, were sent to the FBI Laboratory in Washington, D.C., for analysis. Experts identified five possible weapons that could have fired such ammunition—four handguns and a rifle.

In order to single out the murder weapon, technicians had to study the firing pin imprints. When a gun is discharged, its firing pin strikes the back of the bullet, leaving a distinctive and individual imprint on the casing. By obtaining illustrations of firing pin marks from all five gun makers, FBI experts eliminated three of the weapons immediately. The remaining two, a handgun and a rifle, were both manufactured by the Sturm Ruger gun company in Southport, Connecticut. Company specifications indicated that the murder weapon had to be a .22 rifle. Because no eyewitness had reported seeing the gunman carrying a rifle—the murder weapon had been hidden in a brown paper bag—this could only mean that the barrel had been sawed off.

GI Arrested

With the net tightening, a strange development occurred the following January. A recently enlisted soldier at Fort Benning, Georgia, was arrested on charges of slashing a black GI. After attempting to emasculate himself with a razor blade, the soldier, Joseph Christopher, twenty-five, was committed to a hospital. There he bragged to a nurse about killing numerous blacks in Buffalo and New York. A search of Christopher's belongings revealed a supply of .22 caliber ammunition, but more pertinent was the discovery that he had joined the army on November 13—which coincided with the lull in killing—and that he had been furloughed since December 19. A bus ticket logged his arrival in Manhattan one day before the killings began.

In the Buffalo house where Christopher lived with his mother and sisters, police searched the basement and found a single bullet that had misfired; the bullet and shell hadn't separated. On the casing was the firing pin imprint, an exact match with the cartridges found at the crime scenes. As anticipated, Christopher was an avid hunter, and at the family's hunting lodge forty miles southwest of Buffalo, police uncovered a virtual armory: boxes of .22 caliber ammunition, an extensive gun collection inherited from his father, and the sawed-off barrel of a .22 rifle. The only item missing in an otherwise overwhelming forensic case against the accused was the actual murder weapon. It was never found. In a videotaped confession, Christopher, not known to be a racist, revealed details of the killings that only the murderer could have known. The only motive he ever offered for his outbursts was that "something came over me. . . . It was something I had to do."

Sentenced to life imprisonment, Christopher was never tried for the murder of the two mutilated taxi drivers because prosecutors feared that putting such revelations before a jury might increase the chances of an insanity verdict and the concomitant risk of possible release at a later date.

Conclusion

By any standards, Joseph Christopher has to be considered one of the most remarkable killers of recent times, and his case underlines the degree of importance that modern courts attach to solid physical evidence. Two eyewitnesses to the killings, emphatic that Christopher was not the gunman, went largely unheeded, their testimony overwhelmed by the sheer weight of the forensic evidence that prosecutors had amassed. 

6. James Mitchell

DATE: 1991

LOCATION: San Francisco, California

SIGNIFICANCE: Forensic acoustics and computer-generated animation have added yet another dimension to the ballistics expert's arsenal.

Over the course of two decades, brothers Artie and Jim Mitchell created a vast business empire out of the explosive California pornography market. By 1991, they were at the peak of their success, churning out low-budget, high-profit X-rated movies. They then plowed their vast profits into what became the most successful strip club in San Francisco. Both in their forties, they spent millions on a riotous lifestyle fueled by drugs and alcohol. Artie, in particular, lived at a reckless pace.

No one doubted their financial acumen—the figures spoke for themselves —but their management style was bizarre, to say the least. They traded punches and insults with each other with equal frequency. Muscle, not mediation, was the watchword when these two got together. Jim, two years his brother's senior and the more reserved of the two, adopted an almost paternal air toward Artie. But on a cold, raw San Franciscan night in February 1991, the two men had their final argument.

At 10:15 P.M. on the twenty-seventh, police were summoned to Artie Mitchell's house by his girlfriend, Julie Bajo. There had been a shooting, she screamed to the 911 operator. While the call was being taped, further shots could be heard in the background. Officers arriving at the house found Jim Mitchell wandering outside, apparently in a daze. He was carrying a .22 rifle and, in a shoulder holster, an unfired .38 Smith & Wesson Special. In the bedroom, Artie lay dead. He had been shot through the abdomen, right arm, and right eye. In all, police found eight spent .22 shell casings. That Jim fired the bullets was beyond dispute—he readily admitted as much— but was it premeditated murder rather than spontaneous manslaughter? The authorities clearly thought so and charged him with first-degree homicide.

Prosecutors decided to pin their case on the 911 tape; the pattern of recorded gunshots, they said, demonstrated a clear intent on Jim Mitchell's part to take his brother's life. To bolster this assertion, they called Dr. Harry Hollien, a Florida expert in forensic acoustics, to the stand. He explained how he had studied the tape, attempting to isolate and identify each shot. This involved replicating, as closely as possible, the room in which the shooting occurred. Curiously enough, Hollien found just such a room in his own house, a coincidence that the skeptical defense team found hard to accept.

Deadly Gap

Undeterred, Hollien produced spectrograms of the various test shots, then showed how he had compared them to the sounds on the tape. This allowed him to conclude that the first shot was fired 5.5 seconds into the tape; shot two, 10 seconds; shot three, 25.5 seconds; shot four, 54 seconds; shot five, 55.9 seconds. The half-minute gap between the third and fourth shots was central to the state's contention that Mitchell had waited for some time and then deliberately gunned down his already wounded brother. If so, it was a telling point. The major difference between murder and manslaughter is one of intent: if Hollien's interpretation of this tape was correct, then it undermined the defendant's claim that the shooting had happened in the heat of the moment.

On January 24, 1992, the prosecution submitted a computer-generated video animation of the shooting. It showed Artie approaching his bedroom door and walking down the hall, where he was shot twice, then entering the hallway and getting shot the final time in the head. The shots were represented by red laserlike lines against a blue background. Not only was this tape supposed to have reproduced the crime scene, it also purportedly showed the order in which the eight shots were fired. Clearly, this was moving into the realm of speculation. Only over strident defense objections, and after the tape had been modified to make the characters less lifelike, was the animation admitted into evidence.

Arizona criminalist Lucien Haag, the expert whose crime scene reconstruction had inspired the video, explained the methodology behind his conclusions. He had traced the bullet paths through the various rooms, noting angles and impact points. Because one bullet had passed through a door, he went out and purchased a door of the same type, just to measure what level of deflection it might exert. Under cross-examination, Haag admitted that the video was a subjective interpretation and was forced to concede that with so many shots there were thousands of possible sequences to consider.

This point was driven home by defense witness Charles Morton, another expert on crime scenes. Circumspect by nature, Morton felt that the whole subject of reconstructions was a forensic quagmire. He argued that the criminalist's role was to analyze the physical evidence available and to present any conclusions to the court in a fair and impartial manner. Thereafter, it was up to the jury.

On February 18, 1992, Jim Mitchell was acquitted of murder but found guilty of manslaughter. He received a six-year jail term.

Conclusion

The controversy surrounding computer-generated reconstructions is unlikely to diminish. As such representation gains acceptance, its objectivity will remain in dispute.